Decision: Non-Earner Benefits For A Minor Involved In A Motor Vehicle Accident

In DC v TD Insurance Meloche Monnex, the Licence Appeal Tribunal considered the issue of whether “DC”, a catastrophically impaired minor, was ever entitled to payment of Non-Earner Benefits from his statutory accident benefits insurer. Brent McQuestion and The Morris Law Group were successful in arguing that DC was in fact entitled to Non-Earner Benefits.

What are Non-Earner Benefits?

Non-Earner Benefits (“NEBs”) are a weekly, no-fault accident benefit that can be paid to an injured person by their own automobile insurer following a motor vehicle accident. They are payable when an injured person suffers a “complete inability to carry on a normal life” as a result of the accident.

Changes to Ontario's NEB Regulations

Before June 1, 2016, NEBs in Ontario were potentially available for the lifetime of the injured person, so long as they continued to have a complete inability to carry on a normal life. In addition, an injured person who was enrolled full-time in elementary, secondary, or post-secondary education at the time of their accident who was entitled to NEBs would receive an increased amount of NEBs if they continued to have a complete inability to carry on a normal life two years after their accident.

On June 1, 2016, the Ontario Statutory Accident Benefits Schedule was amended, significantly reducing the amount of NEBs amount to injured persons by limiting the duration of payment to no more than two years, even if an injured person continued to have a complete inability to carry on a normal life after those two years. A provision was also added that provided that accident benefits insurers were not required to pay NEBs to an injured person before they were 18 years old.

DB v TD Meloche Monnex

In the matter of DC v TD Meloche Monnex, TD (the accident benefits insurer) acknowledged that DC (a minor who was in elementary school at the time of his accident) was catastrophically impaired following the accident and suffered a complete inability to carry on a normal life. However, TD argued that there was no time period during which TD was required to pay NEBs to DC because:

1. It was not required to pay NEBs before DC turned 18,
2. and, second, it was not required to pay NEBs at any point two years after the accident, and,
3. DC would not turn 18 until more than two years after his accident.

Brent McQuestion and The Morris Law Group, representing DC, were successful in arguing that despite Ontario's 2016 Statutory Accident Benefits amendments, it was absurd to interpret the amended provisions governing access to NEBs in a way that prevented minors from ever being paid those benefits solely because of their age at the time of their accident.

Contact us for a free consultation

The law governing your access to no-fault benefits following a motor vehicle accident can be complex. If you have questions about your available claims and benefits following a motor vehicle accident, contact The Morris Law Group for a free consultation to answer those questions and discuss your rights.

Click here to read the full decision (PDF).